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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant committed a crime against the victim C is a person who managed funds as the representative director of the “D Agricultural Association Corporation”.
On November 25, 2011, the Defendant made a false statement to the victim within the office of “D Farming Association Corporation” located in the second-class E office in Gwanak-gu, Seoul Special Metropolitan City, stating that “When investing in a company, 100,000 won, 10% of dividends shall be paid per week, and when investing in five units or more (550,000 won), 12% of dividends shall be paid per week, and 22 million won shall be paid per month if investing in a company.”
However, the Defendant was unable to pay the factory rent and employees’ wages at the time, there was no product produced at the stage of developing the product at the time of receiving the investment money, and the sales place was not secured, and there was no intention or ability to pay dividends or monthly wages even if receiving the investment money from the victim.
As can be seen, the Defendant was issued KRW 10 million from the victim, and received KRW 30,30,000 from November 25, 201 to December 23, 2011, as shown in the attached Table of Crimes (1).
2. Around November 25, 2011, the Defendant committed the crime against Victim F, the Defendant made a false statement to the victim within the “D Farming Association Corporation” office located in the second floor E in Gwanak-gu, Seoul Special Metropolitan City, stating, “When investing in the company, he/she may make a profit immediately. When investing in one unit (1.1 million won), 10% of dividends shall be paid per week, 12% of dividends shall be paid per week if he/she invests in five units or more (5.5 million won), and 22 million won shall be paid per month if he/she invests in 1.1 million won per month.”
However, the Defendant did not pay the factory rent and employee wages at the time, did not have been manufactured at the stage of developing goods at the time of receiving the investment money, and did not secure the place of sales, even if he did not receive the investment money from the victim.